CASES BROUGHT BEFORE THE ALABAMA SUPREME COURT

APPEAL FROM CIRCUIT COURT OF AUTAUGA COUNTY, ALABAMA

FRALICK versus PRESLEY and wife
Book 24, Part 1, Page 192, June Term 1856

Action brought by Mary Averhart against John D. Fralick to recover a slave named Mack, and the plaintiff having intermarried with John Presley pending suit, her husband was made a party of the plaintiff with her.  

Defendant pleaded that the slave belonged to Thomas and Evans Averhart.  Thomas H. Stack deposes "Adam Fralick told me that John Averhart had made a deed of gift of slave to Mary Averhart, now wife of John Presley."

Deposition of Martha M. Spear - same.

Appears that Thomas Averhart, father of Mrs. Presley, removed to this state in 1838 bringing said slave with him, and settled in Autauga County.  In 1838 slave went into possession of Adam Fralick by Purchase who later conveyed slave to Thomas and  Evans Averhart, children of said Thomas Averhart.  Deed made in South Carolina conveying said slave to Thomas Averhart his life and then to his daughter Mary.

Source:  Alabama Records, Vol. 75, Page 37
Compiled by Kathleen Paul Jones and Pauline Jones Gandrud
Copyright 1980 by Betty Wood Thomas